An allegation of official misconduct against members of city
council shall be filed in compliance with these regulations.
(Ordinance 17-63 adopted 10/17/17)
The individual against whom an allegation of official misconduct
is made.
The individual filing an allegation of official misconduct.
A person acts intentionally, or with intent, with respect
to the nature of his conduct or to a result of his conduct when it
is his conscious objective or desire to engage in the conduct or cause
the result.
City council members and the mayor.
A person acts with negligence, is negligent, or acts with
neglect, with respect to circumstances surrounding his conduct or
the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result
will occur. The risk must be of such a nature and degree that the
failure to perceive it constitutes a gross deviation from the standard
of care that an ordinary person would exercise under all the circumstances
as viewed from the actor’s standpoint.
Those duties imposed or required by state law, city charter
or local ordinances on the office of which the individual occupies.
Intentional, unlawful behavior relating to official duties
and includes intentional or negligent failure, refusal, or neglect
to perform a duty imposed on the councilmember (including mayor) by
law whether it be federal, state, local ordinance or the city charter.
A violation of a local, state or federal law and includes
a violation of the city ordinances and the city charter.
(Ordinance 17-63 adopted 10/17/17)
All allegations of official misconduct shall:
(1)
Be
submitted in writing on a form prescribed by the city council and
filed with the office of the city secretary who shall date stamp the
document for the day it was submitted;
(2)
Be
signed under oath;
(3)
Be
dated; and
(4)
Provide,
with as much detail and specificity as possible, all information requested
on the form, including the name and office of the accused, the provision(s)
of the alleged official misconduct, facts constituting the alleged
official misconduct, any relevant documentations supporting the allegations,
and the names and addresses of potential witnesses. All such information
shall be provided to the best of the complainant’s knowledge
and belief and should be in sufficient detail to give the accused
notice of the alleged violations.
(Ordinance 17-63 adopted 10/17/17)
The city secretary shall as soon as reasonably practical, but
in no event later than 5 business days from the date submitted, provide
a copy of the allegations of official misconduct to the city attorney
and city manager and within five business days of receipt of the allegation
of official misconduct provide a copy of the allegation of official
misconduct to the city council and to the accused with a copy of these
regulations.
(Ordinance 17-63 adopted 10/17/17)
The city manager shall have the authority and shall be required,
as soon as reasonably practical but in no event later than 5 days
from the date received from the city secretary, to engage the services
of independent legal counsel to assist the city council. A copy of
the allegation of official misconduct shall be provided to the independent
legal counsel upon the engagement of their services.
(Ordinance 17-63 adopted 10/17/17)
The accused shall be provided ten business days, from the date
of their receipt of the allegation of official misconduct, to provide
a written response with the office of the city secretary, for distribution
to the city manager, the city council, city attorney and the independent
legal counsel.
(Ordinance 17-63 adopted 10/17/17)
There shall be no communication between councilmembers regarding
any allegation of official misconduct filed except at a properly called
city council meeting in accordance with these regulations.
(Ordinance 17-63 adopted 10/17/17)
There shall be no ex-parte communications between the city council
and any other individual, including but not limited to, the complainant,
city staff, the city attorney, independent legal counsel, other city
council members, the mayor, any witnesses or the accused.
(Ordinance 17-63 adopted 10/17/17)
(a)
Public
hearing process before city council:
(1)
Rules of order shall be adopted and enforced;
(2)
City council, by majority vote, shall set rules for public participation;
(3)
Neither the accused nor the complainant may sit at the dais and neither
shall participate in deliberation or vote on any issue regarding the
allegation of official misconduct;
(4)
A special meeting shall be held no earlier than 15 business days
and no later than 45 business days after written notice of the allegation
of official misconduct is provided to city council by the city manager
to deliberate the allegation of official misconduct;
(5)
The public hearing shall be conducted in open session, except that
the city council may conduct a closed session to get advice from its
attorney pursuant to the Texas Open Meetings Act;
(6)
The official title of the accused shall be listed on the agenda and
the personal name of the accused shall not be listed;
(7)
City council shall state the nature of the hearing and the allegations
to be considered, shall be provided the results of any investigation
and a presentation of the evidence against the accused including,
but not limited to testimony from individuals;
(8)
The complainant or their representative shall be provided 60 minutes
to present the allegation of misconduct and any relevant evidence;
(9)
The complainant shall not be authorized to present any witnesses
or evidence not listed or provided with the allegation of misconduct
at the time it was filed with the office of the city secretary;
(10)
The accused or their representative shall be provided 60 minutes
to respond to the allegation of misconduct and present evidence;
(11)
Members of city council sitting at the dais may call upon any individuals
relevant to the allegation of misconduct to present testimony, evidence
or information;
(12)
Only members of city council sitting at the dais, or independent
legal counsel, may ask questions of any individual giving testimony;
(13)
City council shall debate the allegation of official misconduct;
(14)
After debate the city council may, by motion and majority vote, take
any action it determines necessary including, but not limited to,
the following:
(b)
City
council may adjourn the public hearing from time to time in order
to receive further information or have an investigation conducted.
(Ordinance 17-63 adopted 10/17/17)
(a)
A
finding of official misconduct may be made on the following motion:
"I move that the accused be found guilty of the following allegations
of official misconduct:....(list allegations of official misconduct) "
(b)
All
members of city council except for the accused and the complainant
shall vote on the motion.
(c)
All
determinations of official misconduct shall be reduced to resolution
form at the same meeting where the determination is made and shall
include the following findings:
(d)
A
finding of "guilty" of official misconduct shall be approved on an
affirmative vote of four (4) members of city council. The mayor, except
as otherwise provided for in this division, shall vote on a motion
of official misconduct.
(Ordinance 17-63 adopted 10/17/17)
